IN THE HIGH COURT OF KERALA AT ERNAKULAM
Bail Appl No. 470 of 2008()
1. A.P.MOHAMMED MANU, AGED 58 YEARS,
... Petitioner
Vs
1. SUB INSPECTOR OF POLICE,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :29/01/2008
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
B.A.No. 470 of 2008
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 29th day of January, 2008
O R D E R
Application for regular bail. The petitioner, along with
two others, face allegations in a crime registered initially under
Section 102 Cr.P.C. and later altered to Section 379 I.P.C. The
crux of the allegations is that the third accused was found
moving around under suspicious circumstance on a motor cycle.
He was intercepted. The vehicle was seized. F.I.R. was
registered. In the course of interrogation of the third accused it
was revealed that the vehicle in question is a stolen vehicle. The
first accused had committed the theft of the vehicle. It was
handed over to the second accused. He received it with the full
knowledge that it was a stolen vehicle and he, along with the
third accused was allegedly involved in an attempt to sell and
dispose of the said motor cycle. The petitioner was arrested on
2.1.2008 and he continues in custody from that date. The learned
Prosecutor submits that though on interrogation of the third
B.A.No. 470 of 2008
2
accused the complicity of the petitioner was revealed, there is no
allegation that the petitioner has any criminal antecedents. The police
have no information of any such previous crime.
2. The learned counsel for the petitioner prays, the learned
Prosecutor does not oppose the said prayer on condition that the
Investigator is granted reasonable further time to complete the
investigation and I am satisfied that the petitioner can now be
directed to be enlarged on bail subject to appropriate terms and
conditions.
3. In the result:
1) This application is allowed.
2) The petitioner shall be released on bail on the following terms
and conditions.
(a) The petitioner shall not be released from custody on the
strength of this order prior to 8.2.2008. The Investigators shall in the
meantime make every endeavour to complete the investigation.
(b) He shall execute a bond for Rs.1,00,000/- (Rupees one lakh
only) with two solvent sureties each for the like sum to be satisfaction
of the learned Magistrate.
B.A.No. 470 of 2008
3
(c) He shall make himself available for interrogation before the
Investigating Officer on all Mondays and Fridays between 10 a.m.
and 12 noon for a period of three months and thereafter as and when
directed by the Investigating Officer in writing to do so.
(d) During the said period of three months, the petitioner shall
not leave the Sessions Division of Kozhikode without the prior
permission of the learned Magistrate.
(R. BASANT)
Judge
tm